The Appointment of Richard Ferrand: A Threat to French Democracy
The French Constitutional Council, established in 1958 to safeguard the executive branch from parliamentary encroachment, has evolved over time to become the supreme guarantor of rights and freedoms enshrined in the Constitution. As a cornerstone of French democracy, it plays a crucial role, particularly in the current climate of attacks against the rule of law in France and abroad.
However, the recent appointment of Richard Ferrand as president of this esteemed institution has raised significant concerns. Proposed by President Emmanuel Macron, Ferrand’s candidacy barely scraped through confirmation, lacking the three-fifths majority that would have hindered the process. This narrow victory weakens the president, already facing low approval ratings.
Critics argue that Macron underestimated the risks involved in selecting Ferrand, a loyalist with limited legal expertise and questionable independence. They also point out the political trap that ensnared the Constitutional Council, potentially compromising its future rulings.
Ferrand’s confirmation was secured in part by the abstention of National Rally (RN) lawmakers. This last-minute decision by Marine Le Pen, leader of the far-right party, has cast a shadow over the impartiality of the Constitutional Council, as its decisions may now be seen as influenced by the extreme right.
The appointment process has been marred by political maneuvering, with Laurent Wauquiez and Bruno Retailleau of the Republicans vying for leadership of their party, while Marine Le Pen sought to sow discord ahead of a crucial judicial decision in the case involving RN parliamentary assistants.
The Constitutional Council, under Ferrand’s presidency, will have the responsibility of ruling on a key question of constitutionality regarding the eligibility of an elected official from Mayotte, a decision that could impact Le Pen’s own electoral status.
This troubling appointment highlights the need for reforms in the selection process for Constitutional Council members. Former president Laurent Fabius has proposed a "cooling-off period" for ministers and parliamentarians before they can be appointed, to ensure their independence from political influence.
President Ferrand must now exercise extreme caution in the numerous decisions facing the institution, decisions that will have a profound impact on the health of French democracy. The integrity of the Constitutional Council and the rule of law itself hang in the balance.
